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Low Traffic Neighbourhood experimental orders: challenges under RTRA 1984 Sch 9 v judicial review; PSED ‘due regard’, s122 balancing and consultation: R (Sheakh) v Lambeth [2021] EWHC 1745 (Admin)

Published on: 09 July 2021

Published by a LexisNexis Planning expert

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R (oao Sheakh) v London Borough of Lambeth [2021] EWHC 1745 (Admin) What are the practical implications of this case?

This judgment has both procedural and substantive consequences for TROs and PSED. The claimant initially moved to contest several orders; some challenges were lodged within the six-week window for a statutory review under RTRA 1984, Sch 9, while others fell outside that period. By the time the matter reached Mr Justice Kerr, there were effectively two distinct proceedings.

The first, chronologically, was an application seeking permission to bring judicial review, presented as a standard judicial review permission bid.
The second was a valid statutory review of other ETOs filed within time. No permission is required when a statutory review is brought under RTRA 1984, Sch 9.
Although RTRA 1984, Sch 9 bars challenges to an order save through its own procedure, Kerr J directed a rolled-up hearing combining the judicial review with the Sch 9 claim, and granted permission to proceed, but only on the footing that any relief, if established, would be confined to a declaration as to...

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